Know Your (Copy) Rights

Today, too many creators take a passive attitude toward their copyrights.  So say the authors of Columbia University Law School's Keep Your Copyrights website. 

Geared toward artists, but also a good resource for publishers, agents, and distributors, the site is designed to help creators hold on to their copyrights, to license their rights on author-friendly terms, and in general to encourage creators to take a more active role in managing the life of their creative work.  The premise for the website is the assumption that publishers expect artists to be unfamiliar with their legal rights under copyright and contract law, and assume they wouldn't know a good copyright contract clause from a bad one, or that creators, eager to publish and make money, will be too intimidated to object to "form contracts" or other one-sided contracts pushed by publishers and distributors. 

One of the most useful parts of the website is the easy-to-read and understand sample contract provisions culled from example contracts, each "creator-friendly" contract clause labeled with a green THUMBS-UP!  while "creator-unfriendly" contract clauses are labeled with an orange THUMBS-DOWN!  Contract terms that ask the creator to give up too much of his or her rights for little in return are characterized as "incredibly overreaching" and shown with a red claw.

This website is an excellent resource for those looking for example/sample contracts, such as those involving rights of exclusive use, non-exclusive use, grant back, new media rights, changes to the work, geographic scope, duration of grant, general assignment of copyright, notice, works made for hire, reversion of rights.  The website includes content specific to writers, photographers, filmmakers, musician, visual artist, contest entry form creators, user-generated content submissions, commissioned works, literary authors, journalists, academic authors, and video game designers.

Related: for those looking to allow others to publish, copy, and distribute works on-line under a creative commons license should review the Creative Commons nonprofit corporation website.

Hillcrest Labs Sues Nintendo and Its Wii Video Game

  • Hillcrest Laboratories, Inc. v. Nintendo Co., Ltd. et al

     Hillcrest Labs sued Nintendo of America (based in Redmond, WA, Nintendo Ltd. is based in Kyoto, Japan), maker of the widely-popular "Wii" (TM), for patent infringement on August 20, 2008, in the US District Court for the District of Maryland one day after its U.S. Patent 7,414,611 issued (three other US patents being asserted are 7,139,9837,158,118, 7,262,760). Rockville, MD-based Hillcrest alleges that Nintendo's "Wii" video game machines and remote controllers directly, contributorily, induce, and willfully infringe its patents. Hillcrest also filed a separate patent infringement action with the US International Trade Commission.

     Claim 1 of the '611 patent recites:

1. A system comprising: means for generating, from a first sensor, a first output associated with motion of a handheld device; means for detecting, by a second sensor, acceleration of said handheld device and outputting at least one second output; and means for processing said first output and said at least one second output, said processing means including: means for determining an orientation in which said handheld device is held using said at least one second output; and means for compensating said first output based on said determined orientation by performing a two-dimensional rotational transform on said first output to generate an output which is substantially independent of said orientation.

     Hillcrest is seeking monetary damages from Nintendo Japan and Nintendo of America, and a permanent injunction. In a published statement, Hillcrest states that since 2001 it "has pioneered technology that allows consumers to interact with digital media on television using motion-control and pointing techniques. The company holds 29 patents in this area worldwide, and has filled for more than 100 related patents."

     The Washington, DC, office of Finnegan Henderson filed the complaint on behalf of Hillcrest.